Property Law

COMMON LAW ON PROPERTYWhen the three blood relatives contributed to put up a fund to purchase a ho workout where they limit to live , the three sibs had a joint tenancy . The utter house was purchased by the m oney contributed by the siblings with the intention that they result own the house in plebeian . The siblings several(prenominal)ly bring on no definite packet in the house . The use and occupancy in the said house is non exceptional to a specific portion but to each one whitethorn use the entire house as if the house is his or her ownAt first , no faith relation existed among the parties as each one of them was the registered owner of the single place . There is and no beneficial ownership being held by any(prenominal) third person as the names of each sibling were inscribed in the Certificate of Title . No trust was created nor existed but the Certificate of Title simply showed the real piazza relation which was a joint tenancy . Each sibling obtained in common an absolute freehold title over the spot . This simply shows that their ownership over the property is absolute and received . Hence , under the Land Registration Act , in particular Section 9 , subsection 3 , the title to that of each of the siblings are protected , free from any overthrow unless subsequently cancelled . Each sibling is proprietor to their respective shareThe sale of Bob to Stephen would not have been valid had not the siblings go fored to the same . Under the joint tenancy regime , a joint tenant is not allowed to sell the property without the consent of other co-owners . While express consent of the other siblings was not shown by the facts of the case , the same can be implied from in this as the other siblings allowed and consented that Stephen can stay and live in the property .

Hence , there is transfer of interest of one joint tenant however the said transferee of much(prenominal) interest was not duly registered and indicated in the Certificate of TitleThe berth of Stephen in the property regime is that of a beneficiary He merely holds beneficial ownership over the property in consonance with the Land Registration Act . He is not the one of the registered owner as the Certificate of Title book binding the said property has not been properly cancelled so as his name will be included thereto as one of the owners of the propertyThe property relation of the parties was later reborn to that of common tenancy . This was when the joint tenancy was severed by Amy by serving her notice to Carla , also one of the co-owners of the property The co-ownership remained existing but not already in its professional form but already in the form of a tenancy in common . Tenancy in common has no right of survivorship , which means that upon death of a co-owner , her rights , interests , share , and participation over the subject property is automatically transferred by operation of law to other co-owners , and not to his heirs and successors...If you want to make up a full essay, order it on our website: Orderessay

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